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What should i do if the insurance company doesn't want to pay the damages of my car if i was hit by their customer?

San Diego, CA | September 8, 2011 1:58am

I was approaching intersection , the light was red i stopped on the right side into the bike lane preparing to turn right from a big bulevard to a small street where is no two lanes for right turn. The bike lane is broken white line. I turn my head left to check if it is safe to start the turn and i saw the light turn green and i start the turn , when the person on my left side start also to turn right, i step on the brake pedal , but he even did not stop he continue until he was in front of me and he hit my front on the driving side. Today i spoke to his ajuster and he said it is my fault he had the right of way. And according to a California hand book page 37 paragraph Right turns i totally disagree with him. How much is to bring him to a court and how can i make it? thank you, Zoe

If you were issued a ticket, you should retain a local traffic court lawyer to defend. If you feel that the other driver was at fault and you were injured, you can get a free consultation with a personal injury lawyer in your city from Avvo to discuss.

If you were injured, you should talk to a local personal injury atty. You should report this to your ins co, if the other party may make a claim against you. If you have collision coverage, you may want to go through your own company, and then see if they will chase the other person for their money back, plus your deductible.

You didnt say if there is a police report or any witnesses.

If you only suffered damage to you car, you should get estimates and photos. If the property damage is within the small claims court limits, you may want to sue the other party in small claims court for your repairs, and loss of use/car rental, etc.

You should contact a local atty right away for some advice and guidance on whether it would make sense for you to file in small claims for your property damage.

You should contact your own insurance company and have them deal with it. Your insurance company will pay and try to recover from the other person's insurance company.

I hope you do have insurance. If you don't, then you will have to get your car fixed yourself. If you do, save the receipts. And then you can sue in small claims court, without an attorney, for an amount up to $7,500. You will file the lawsuit against the driver who hit you and he will have to come to the court and defend himself-which, in turn, will force him to call his own insurance company adjuster and may be force them to settle.

It appears you have not been injured and you don't need a lawyer so no need to contact an attorney.